08/18/1988 CITY COMMISSION MEETING
August 18, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, August 18, 1988, at 6:01 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Ron H. Rabun City Manager
Leo Schrader Assistant City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Alfonso Delaney of Mt. Zion United Methodist Church.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III Service Pin Awards
3 service pins were awarded to City employees.
IV Introductions and Awards none.
V Minutes of the Regular Meeting of August 4, 1988.
Commissioner Winner pointed out that on page 203, 4th paragraph, end of 2nd line should be "December" not "February".
Commissioner Winner moved to approve the minutes of the regular meeting of August 4, 1988 as amended. `Motion` was duly seconded and `carried` unanimously.
VI Presentations none.
VII Citizens to be heard re items not on the Agenda
Jack Marsh, President, Clearwater Retirees Association, complained regarding the increase in dependants insurance coverage being passed on to retirees; requested insurance cost be
kept down; requested consideration of $600 per month minimum pension benefits. Commission suggested he meet with the City Manager.
Dean Evans, representing the Neighborhood Watch and Edgewater Dr. Homeowners Assoc., complained regarding criminal activity in northwest Clearwater. Requested newspapers print names
of those arrested. Complained that those caught are released with a "slap on the wrist".
Bill Madsen spoke in support of dredging Dunedin Pass.
VIII Public Hearings
Item #09 Remove this item from the table and consider: Vacation Request of the partial right of way of various streets & easements within Brooklawn Sub. & E. A. Marshall Sub. (Al Rogero,
Sr.) V 88 3 (`PW`) !
This item was tabled at the July 21st meeting at the City Engineer's request.
Commissioner Berfield moved to remove this item from the table. `Motion` was duly seconded and `carried` unanimously.
The developer presented a revised plan to DRC (Development Review Committee) on July 28th which called for less right of way vacation than is presently proposed. The developer and
staff expressed differing opinions on the vacation of a portion of The Mall right of way adjacent to blocks O & P. The developer stated the owner of portions of blocks O & P objects
to the the vacations of The Mall right of way. This portion of The Mall ROW and Shore Dr. is within environmental sensitive lands and could only be developed as a roadway with great
difficulty and expense, thereby providing no practical access to blocks O & P. Staff has suggested an alternative access from proposed Lantana Ave. which would allow the subsequent vacation
of the said Mall ROW. The present owner of portions of blocks O & P would
then have a suitable practical access which would not involve great expense or disruption to environmental lands.!
General Telephone Co. and Vision Cable of Pinellas, Inc. have no objections to these vacations.
Florida Power Corp. has no objections provided the developer will meet all Florida Power's requirements, and pay for all costs incurred in meeting these requirements.
Trish Muscarella, attorney representing the applicant, reviewed the history of this vacation request and the related plat. There have been some discrepancies regarding ownership. Discussion
has taken place with Mr. Whitson, an abutting property owner, but no agreement has been reached, as yet, to alleviate his concerns regarding access to his property. The applicants are
reducing the vacation request and may apply for additional vacations once all concerns are addressed.
Discussion ensued regarding which easements are now being included in the vacation request. Concern was expressed that a new legal description was needed.
Commiss
`Motion` was duly seconded and `carried` unanimously. !
Item #10 Public Hearing & First Reading, Ordinance 4663 88 Vacation Request of the N'ly 15 ft. of an existing sanitary sewer easement; M&B 44.02 & 44.01, Sec. 24 29 15 (Grower's
Properties #86) V 88 07 (`PW`)
The applicant has an existing three story building encroaching approximately thirteen feet into the north end of the City's sanitary sewer easement, in the Patrician II Apartment complex.
The City has no need for the portion of the easement to be vacated.
The request has been reviewed by various City departments/divisions and there are no objections.
Due to this being a sanitary sewer easement only, review by the three utility companies is not necessary.
Commissioner Berfield moved to approve the vacation request. `Motion` was duly seconded and `carried` unanimously.
The Assistant City Attorney presented Ordinance 4663 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4663 88 on first reading. Motion was
duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #11 (`cont. from 8/4/88`) Public Hearing & First Reading, Ordinances 4625 88 & 4626 88 Petition for Annexation and OL (Limited Office) Zoning for a .37 acre parcel located
at the NE corner of the intersection of S. Belcher Rd. & Wistful Vista Dr.; Lots 15 19, Dunromin Sub. (Wilson) A 88 17 (`PUD`)
The property is presently developed with one building which contains office uses on the first floor and one apartment on the second floor. Upon annexation the apartment use will be
non conforming.
City water and sewer are available to the property. The recreation facility fee has been paid for the one residential unit.
Commissioner Berfield moved to approve the requested annexation and zoning amendment. `Motion` was duly seconded and `carried` unanimously.
The Assistant City Attorney presented Ordinance 4625 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4625 88 on first reading. Motion was
duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
The Assistant City Attorney presented Ordinance 4626 88 for second reading
and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4626 88 on second and final reading. Motion was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #12 (`cont. from 8/4/88`) Public Hearing & First Reading, Ordinances 4633 88 & 4634 88 Land Use Plan Amendment from Commercial/Tourist Facilities to Residential/Office and
a Zoning Atlas Amendment from CG (General Commercial) to OL (Limited Office) for a .98 acre parcel located on the E side of Belcher Rd. approx. 650 ft. S of Drew St.; Lot 2, Coral Cove
Sub. (Southland Corp./ City) LUP 88 8, Z 88 12 (`PUD`)
The property is currently vacant. The City Commission approved with conditions a preliminary site plan for a Speedway Service Station (PSP 88 4) on January 21, 1988. The conditional
use requesting package sales of beer and wine at this location was denied by the Planning and Zoning Board on March 15, 1988.
The Planning Director reported that the Planning and Zoning Board recommended denying the City initiated land use plan and zoning amendments. The Planning and Zoning Board felt there
was a problem with the City making these amendments when there was no plan for what is to be developed on the property and that this would adversely impact the marketing of this property.
Allan Bramas, representing Southland Corp., stated these changes would cause them to suffer a financial loss on this property. He stated there are other commercial developments that
could take place on the property and not require an alcoholic beverage conditional use.
Discussion ensued regarding the character of the neighborhood with concerns regarding increased commercialization of roadways being expressed.
Commissioner Berfield moved to approve the requested land use plan and zoning amendments on the subject property. Motion was duly seconded and upon the vote being taken, Commissioners
Berfield, Nunamaker, Regulski and Mayor Garvey voted "aye". Commissioner Winner voted "nay". `Motion carried`.
The Assistant City Attorney presented Ordinance 4633 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4633 88 on first reading. Motion
was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker and Garvey.
"Nays": Winner. `Motion carried`.
The Assistant City Attorney presented Ordinance 4634 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4634 88 on first reading. Motion
was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Nunamaker and Garvey.
"Nays": Winner. `Motion carried`.
Item #13 (`cont. from 8/4/88`) Public Hearing & First Reading, Ordinances 4621 88 & 4622 88 Land Use Plan Amendment from Medium Density Residential to Low Density Residential,
Zoning Atlas Amendment from RM 12 (Multi Family Residential "Twelve" District) to RS 8 (Single Family Residential "Eight" District) on Parcel #1 (4.74 acres) and a Zoning Atlas Amendment
from RM 12 to AL/I (Aquatic Lands/Interior) on Parcel #2 (2.53 acres) for a 7.27 acre total parcel located on the S side of Airport Dr. approx. 450 ft. W of Gilbert St.; the W portion
of M&B 33.01, Sec. 12 29 15, Lots 1 28, Blk. C , and adjacent vacated streets, Drew Heights. (S.C.C. Development Corp., Inc.) LUP 88 5, Z 88 8 (`PUD`)
This parcel, plus the remaining portion of M&B 33.01, Sec. 12 29 15 to the east, is proposed to be developed in a single family subdivision to be known as Feather Tree Subdivision.
The submission of this request was a condition of preliminary plat approval when the Feather Tree preliminary plat was reviewed by the City Commission on November 19, 1987.
Commissioner Regulski moved to approve the requested land use plan and zoning amendments. `Motion` was duly seconded and `carried` unanimously.
The Assistant City Attorney presented Ordinance 4621 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4621 88 on first reading. Motion
was duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
The Assistant City Attorney presented Ordinance 4622 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4622 88 on first reading. Motion was
duly seconded. Upon roll call the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
Item #14 (`cont. from 8/4/88`) Public Hearing & First Reading, Ordinances 4642 88 & 4643 88 Land Use Plan Amendment from Medium Density Residential to High Density Residential
and a Zoning Atlas Amendment from RM 12 (Multi Family Residential "Twelve" District) to RM 28 (Multi Family "Twenty eight" District) for a 6.79 acre parcel located S of existing Seville
Condominium and Seville Blvd. and Pearce Dr., a private street; M&B 33.06, Sec. 17 29 16 (Clearwater Seville Ltd.) LUP 88 12, Z 88 14 (`PUD`)
AND
Item #15 (`cont. from 8/4/88`) Public Hearing & First Reading, Ordinances 4644 88, 4645 88 & 4646 88 Petition for Annexation, Land Use Plan Amendment from Medium Density Residential
to High Density Residential and RM 28 (Multi Family Residential "Twenty eight" District) Zoning for Parcel 1 (34.48 acres) and AL/C (Aquatic Lands/Coastal) Zoning for Parcel 2 (26.90
acres) on a total parcel of 61.38 acres located at the E'rn terminus of Seville Blvd.; M&B 34.01, a portion of M&B 34.02 and M&B 21.01, Sections 17 29 16 & 20 29 16 (Clearwater Seville,
Ltd. and AEL Partnership) A 88 20, LUP 88 11 (`PUD`)
Commissioner Nunamaker moved to continue Items 14 & 15 to the meeting of September 1, 1988. `Motion` was duly seconded and `carried` unanimously.
Item #16 Public Hearing & First Reading, Ordinance 4670 88 Authorizing the execution of an Interlocal Agreement between the Gadsden County Industrial Development Authority and the
City of Clearwater regarding a loan in an amount not to exceed $5,000,000 from the Gadsden County Industrial Development Authority Nursing Home Acquisition and Improvement Program to
RHA/Florida Properties, Inc. and RHA/Florida Operations, Inc. (`PUD`)
The City has received a request from RHA/Florida Properties, Inc., and RHA/Florida Operations, Inc. (both Florida non profit corporations) to authorize the Gadsden County Industrial
Development Authority of Gadsden County, Florida to issue up to $5,000,000 of revenue bonds to fund the acquisition and improvement of Bruce Manor, an existing nursing home located at
1100 Pine Street. This bond program provides for the acquisition of several nursing homes and has been approved by the Gadsden Development Authority. Since this acquisition is located
in Clearwater, it requires local government approval.
Dan Livermore, attorney with Livermore, Kline and Lot, bond counsel for the Gadsden County Industrial Development Authority, stated approval of this Interlocal Agreement would allow
RHA/Florida Properties, Inc. to purchase Bruce Manor Nursing Home. The overall bond issue will allow them to purchase additional nursing homes in Florida. By combining this purchase,
it will allow them to combine bond cost and will save on interest rates.
Clearwater is being requested to enter into an interlocal agreement that would allow Gadsden County Industrial Development Authority to issue the bonds for the Clearwater nursing home.
These are not Clearwater bonds and Clearwater would not have to approve the project.
Peter Wright, attorney for RHA, stated RHA stands for Resource Housing of America and it is a 501 (C)(3) non profit corporation formed with the view of acquiring nursing homes to operate
them at as low a cost as possible. He stated the cost of nursing home care has risen dramatically over the past few years. Angel Care, Inc., the corporation that manages Bruce Manor
Nursing Home, has lost a lot of money throughout its chain of nursing homes and has decided to sell those in Florida. He stated there is nothing wrong with the current management at
Bruce Manor, it is due to losses throughout the chain that it is being offered for sale. RHA has offered to buy Bruce Manor Nursing Home, allowing Angel Care, Inc. to continue its management
of the operation. He stated RHA is acquiring three nursing homes in Florida, one in Quincy, one in Monticello and Bruce Manor in Clearwater. There are no new construction projects and
the concern is, if Angel Care should have to sell Bruce Manor Nursing Home to someone else, they would have a higher debt service and costs would rise even more.
Discussion ensued regarding the individuals that make up RHA of Florida, with Mr. Wright stating there are people from all over the country from the nursing home field.
Concerns were expressed regarding if Bruce Manor is a well run, profitable nursing home, why Angel Care would be wanting to sell it. Mr. Wright stated while Bruce Manor is a stable
operation, the chain is in trouble and they have decided to sell their Florida holdings.
In response to questions regarding the Board of RHA and whether or not RHA does business with any of its Directors, Mr. Wright stated there was one person on the Board for whom this
was a full time pursuit and received a commission of $67,0000. He stated this type of compensation is being discontinued and they are considering one salaried employee.
In response to questions, Mr. Livermore stated Clearwater will have no obligations under this arrangement.!
The Assistant City Attorney requested language be added to the ordinance that there would be no personal liability for Corporate Clearwater, and Mr. Livermore stated there would be
no objection to that language.!
In response to a question from the Assistant City Attorney, it was stated the paragraph regarding indemnity in Section 4 of the agreement is there for the purpose of assuring the City
Commission that it will have no liabilities.!
In response to a question regarding why Angel Care, Inc. would be willing to accept a lesser amount for the nursing home than could be gained in the open market, it was stated they
will be receiving a management fee while they continue to manage the nursing home.!
Commission consensus was for legal staff to review the Interlocal Agreement and Ordinance prior to second reading.!
Commissioner Winner moved to authorize the execution of an Interlocal Agreement with the Gadsden County Industrial Development Authority. Motion was duly seconded and upon the vote
being taken, Commissioners Regulski, Nunamaker, Winner and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion carried`.!
The Assistant City Attorney presented Ordinance 4670 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4670 88 on first reading. Motion was
duly seconded. Upon roll call the vote was: !
"Ayes": Regulski, Winner, Nunamaker and Garvey. !
"Nays": Berfield. `Motion carried`.!
Public Hearings Second Reading Ordinances
Item #17 (`cont. from 8/4/88`) Ordinance 4614 88 Annexation of property located E of the terminus of Soule Rd. & N of Union St.; Lots 1 64, Elysium Phase I (Cornerstone Communities,
Inc.) A 88 2
AND
Item #18 (`cont. from 8/4/88`) Ordinance 4615 88 Zoning Atlas Amendment as Single Family Residential (RS 6) for property annexed in Ord. 4614 88 (Cornerstone Communities, Inc.) A
88 2
The Planning Director indicated there are remaining payments to be made for the Recreation Impact fees. The Annexation Agreement had allowed for these payments to be made as individual
lots hooked up to the sewer system with any remaining due as a lump sum on the 30th of September, 1988. It has been requested this agreement be amended to allow the continuation of the
lot by lot payments. !
The Assistant City Attorney indicated that, as this annexation and the related agreement are in litigation, he is reluctant to suggest any changes to the agreement at this time. He
stated he would prefer the City Attorney address this problem.!
Patrick McGuire, attorney for Cornerstone Communities, Inc., stated there are complicating issues regarding amending the agreement, and he would like the opportunity to address the
ramifications with Mr. Galbraith. !
In response to a question, Mr. McGuire indicated he would not use any of these proceedings to his advantage in the lawsuit.!
Commissioner Winner moved to continue second readings of Ordinances 4614 88 and 4615 88 to September 1, 1988. The `motion` was duly seconded and `carried` unanimously.!
Item #19 Ordinance 4623 88 Land Use Plan Amendment from Low Density Residential to Residential/Office for property located on the W side of Myrtle Ave., approx. 350 ft. N of Bryant
St.; M&B 44.25, Sec. 21 29 15 (Espey) Z 88 11, LUP 88 7 !
The Assistant City Attorney presented Ordinance 4623 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4623 88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #20 Ordinance 4624 88 Zoning Atlas Amendment from Multi Family Residential (RM 28) to Limited Office (OL) for property located on the W side of Myrtle Ave., approx. 350 ft.
N of Bryant St.; M&B 44.25, Sec. 21 29 15 (Espey) Z 88 11, LUP 88 7 !
The Assistant City Attorney presented Ordinance 4624 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4624 88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #21 Ordinance 4627 88 Annexation of property located on the S side of St. John Dr., approx. 350 ft. E of St. Croix Dr.; Lot 10, Blk. D, Virginia Grove Terrace, 5th Add. (Archontakis)
A 88 16
The Assistant City Attorney presented Ordinance 4627 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4627 88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #22 Ordinance 4628 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4627 88 (Archontakis) A 88 16
The Assistant City Attorney presented Ordinance 4628 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4628 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #23 Ordinance 4629 88 Annexation of property located at the SE corner of the intersection of Old Coachman Rd. & Americus Dr.; Lot 1, Blk. A, Sunset Point Est. (Sempsrott) A
88 15
The Assistant City Attorney presented Ordinance 4629 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4629 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #24 Ordinance 4630 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4629 88 (Sempsrott) A 88 15
The Assistant City Attorney presented Ordinance 4630 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4630 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #25 Ordinance 4635 88 Annexation of property located on the S side of Arlington Place, approx. 300 ft. E of Belcher Rd.; Lot 4, Blk B, Palmetto Terrace (Scrivner) A 88 18
The Assistant City Attorney presented Ordinance 4635 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4635 88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #26 Ordinance 4636 88 Zoning Atlas Amendment as Single Family Residential (RS 8) for property annexed in Ord. 4635 88 (Scrivner) A 88 18
The Assistant City Attorney presented Ordinance 4636 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4636 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #27 Ordinance 4652 88 Land Use Plan Amendment from Public/Semi Public to Comercial/Tourist Facilities for property located on the W side of Fairburn Ave. at its N'rn terminus,
approx. 200 ft. N of Engman St.; part of Lots 1 & 2, Blk. A, Fairburn Add. (Everybody's Tabernacle) Z 88 15, LUP 88 13 !
The Assistant City Attorney presented Ordinance 4652 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4652 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #28 Ordinance 4653 88 Zoning Atlas Amendment from Public/Semi Public (P/SP) to Neighborhood Commercial (CN) and a portion from Aquatic Lands/Coastal (AL/C) to Neighborhood
Commercial (CN) for property located on the W side of Fairburn Ave. at its N'rn terminus, approx. 200 ft. N of Engman St.; part of Lots 1 & 2, Blk. A, Fairburn Add. (Everybody's Tabernacle)
Z 88 15, LUP 88 13 !
The Assistant City Attorney presented Ordinance 4653 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4653 88 on second and final
reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #29 Ordinance 4662 88 Vacation of a 30 ft. right of way lying within Lots 6 & 7, Pinellas Groves Sub. (Bethamy Gardens, et al) V 88 9 !
The Assistant City Attorney presented Ordinance 4662 88 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4662 88 on second and
final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
`CITY MANAGER REPORTS`
IX Consent Agenda Approved as submitted.
Agreements Approved (Item 32 cont. to 9/1/88).
Item #30 Annual Audit Contract approve agreement with Deloitte, Haskins & Sells for fiscal year ending 9/30/88, cost not to exceed $72,530 (`FIN`)
Item #31 Banking Services Agreement approve agreement with Barnett Bank of Pinellas County, N.A. for 3 years starting 10/1/88, estimated $70,134 (`FIN`)
Item #32 Fleet Maintenance Facility and Access Road, Engineering Design Services Approval of negotiated agreement with Appenzeller, Boyd & Zarra, Inc., $36,000.00 (`PW`) (`cont.
to 9/1/88`)
Bids & Contracts Approved.
Item #33 Restoration of metal roof deck at Fleet Maintenance Facility, 1900 Grand Ave. award contract to P. Greco & Sons, Inc., $32,980 (`CS`)
Item #34 Vehicle Lubrication & Inspection award contract to Lube Stop of Florida, Clearwater, estimated cost $23,156 (`CS`)
Item #35 (1) Compact Pick up Truck 4X2 award contract for purchase to Karl Flammer Ford, Tarpon Springs, $8,265, for replacement of vehicle declared a total loss after being involved
in an accident (`CS`)
Item #36 Pinball Machines & Video Games at Recreation Centers approve contract with Bay Vending Corp., City to receive 52% of profits, vendor, 48% (`PR`)
Item #37 Police Department Uniforms award contract for purchase to Harrison Uniform Co., St. Petersburg, estimated cost $44,167.05 for FY 87/88 & 88/89 (`PD`)
Item #38 Druid Road & Missouri Avenue Intersection Improvements (87 41) award contract to Overstreet Paving Company, Largo, $108,450.50 to include widening of Druid Rd. at Missouri
Ave., installation of pedestrian signals and handicap ramps on all four corners (`PW`)
Item #39 Sign Shop Facility, 410 N. Myrtle Avenue award contract to T. C. Structures, Inc., Largo, $144,088.50 (`PW`)
Item #40 (5) Additional Remote Telemetry Units award contract for purchase to Uniface, Inc., Sunnyvale, CA, for a total cost of $29,885; to be added to the existing lift station
monitoring system, which provides for direct observation of the major lift stations (`PW`) !
Item #41 Payment for Services Performed by Hydrosystems Associates, Inc. on Sanitary Sewer Permitting approve payment in the amount of $10,785 for services to update Advanced Wastewater
Treatment Discharge Impact Report (`PW`)
Item #42 Purchase of Water Distribution Materials award contract to Davis Meter & Supply, Tampa, estimated cost $23,574.95; materials for installation and maintenance of water service
lines throughout distribution system (`UT`)
Citizen & Staff Requests Approved.
Item #43 Selection of Consulting Engineer for Druid Rd. Bridge Replacement Project approve ranking of firms as recommended by a Management Engineer Selection Committee; authorize
City Manager to negotiate contract for engineering work (`PW`)
Plans & Plats Reviewed.
Item #44 Preliminary Site Plan for City of Clearwater Marshall St. P.C.F. (Pollution Control Facility), Advance Wastewater Treatment located E of the T Intersection of Marshall St.
and Harbor Dr.; the N portion of M&B 12.02, Sec. 10 29 15 (City of Clearwater) PSP 88 39 authorize review of final site plan with final action by the D.R.C. subject to the following
conditions: 1) sings and fencing/walls are subject to separate review and permitting processes; 2) size, location, orientation and shielding of the refuse container(s) shall be provided
on the final site plan for D.R.C. review; 3) variance approved to the minimum separation distance requirement must be obtained prior to D.R.C. review; and 4) the final site plan shall
indicate compliance with interior and exterior perimeter landscaping requirements. (`PUD`)
Receipt & Referral Received and referred to proper departments.
Item #45 Land Use Plan Amendment from Public/Semi Public to Recreation/Open Space and Zoning Atlas Amendment from P/SP to OS/R for a 35 acre parcel located on the E side of McMullen
Booth Rd. approx. 3,000 ft. N of SR 580; part of M&B 31.00, Sec. 21 28 16 (City) Z 88 18, LUP 88 17 (`PUD`)
Item #46 Petition for Annexation, Land Use Plan Amendment from Medium Density Residential to Commercial/Tourist Facilities and CH (Highway Commercial) Zoning for a .36 acre parcel
located on the E side of Lawson Road approx. 600 ft. N of Blackburn St.; the S 149.5 ft. of the W 104.5 ft. of Lot 8, Blackburn Sub. (Cambas/City) A 88 24, LUP 88 19 (`PUD`)
Item #47 Petition for Annexation and IL (Limited Industrial) Zoning for a 15.9 acre parcel located on both sides of Sunshine Drive adjacent to and N of the SCL Railroad Tracks; 50
ft. easement for RR and part of Lot 15, Clearwater Industrial Park and portion of M&B 12.01, Sec. 12 29 15 (Multiple/City) A 88 25 (`PUD`)
Item #48 Petition for Annexation and IL (Limited Industrial) Zoning for a .94 acre parcel located on the S side of Range Road approx. 750 ft. W of Belcher Rd.; M&B 14.02, Sec. 12 29 15
(Zukowski) A 88 26 (`PUD`)
City Attorney
`Agreements, Deeds & Easements Accepted.
Item #49 10 Ft. Easement lying 5 ft. on each side of centerline of the Joe DiMaggio Baseball Complex in the SW 1/4 of the SE 1/4 of Sec. 7 29 16 granted to Florida Power Corp.!
Commissioner Winner moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #50 Clearwater Pass Bridge public input on Volkert Bridge Study Report; authorize staff to continue negotiations with David Volkert & Associates on a design proposal for a
new bridge with continued advice and interface with Florida Department of Transportation (`CM`)
On January 21, 1988, the City Commission executed a contract with David Volkert & Associates to study alternatives for the repair or replacement of the Clearwater Pass Bridge. The
contract amount was $116,337.!
The Scope of the Work called for a five month effort to be accomplished as Phase I of a four phase program for the ultimate resolution of the bridge problems. Phase I, has been conducted
and completed in three sub parts: Part A, Develop Design Alternatives; Part B, Perform a Comparative Analysis of the Design Alternatives; and Part C, Study Bay Bottom Scour.!
The Clearwater Pass Bridge Task Force Committee was also formed as an interface between the City and the consultant, and was comprised of City, County, State and private sector representatives.
This Committee has followed through the five month study with Volkert & Associates and recommended option "C", the high level fixed bridge replacement, of which the City Commission also
concurred at its August 4th meeting.!
Nine citizens spoke regarding the proposal for a 65 foot high fixed span bridge. Concerns were expressed that such a bridge would limit the boats that are able to come through the
pass, and stated in bad weather Clearwater Pass is the safest pass to traverse into the harbor for safety. They stated limiting the types of boats that would be able to use the pass
would have an adverse economic impact on Clearwater as owners of the larger boats do frequent Clearwater businesses, and races are sponsored in Clearwater that would no longer be able
to get through the pass. One of the citizens recommended an entirely new bridge system that would connect with Memorial Causeway and go across Clearwater Harbor to Sand Key rather than
using the pass, and one citizen recommended a tunnel.!
Concerns were expressed that there was no cost estimate for a 90 foot high fixed span bridge and there are a lot of unanswered questions that will determine the ultimate solution to
the Clearwater Pass Bridge question.!
Representative Gerald Rhem stated the City Commission is also being requested to adopt a resolution that Florida Department of Transportation help in this process. He stated Clearwater
will be receiving federal funds and DOT will step in and do oversight on the project. The scope of work will be extremely broad and there will be additional public hearings. He stated
the City Commission will not make the final decision regarding design of the bridge as the State will do that in order to ensure federal funding.!
Mr. Roberts, of Volkert and Associates, stated the State will be overseeing the project to make sure the City of Clearwater can get federal funding for the bridge. He stated their
report was to determine whether or not repair of the existing bridge or replacement should be considered. There will be other public hearings and the Coast Guard will also a hold public
hearing. Once approved, federal funding would be forthcoming. It was emphasized this will not constitute a delay in the plans to replace the bridge.!
Representative Rhem stated they are trying to improve the time frame for this project. In response to a question, it was indicated the federal funds would fund 100% of the construction
cost. Clearwater may have to purchase right of way property and will pay for the design engineering of the bridge. !
It was emphasized that Clearwater Pass Bridge serves not only the citizens of Clearwater but all of Pinellas County, and it is an important transportation link.!
Commissioner Berfield moved to authorize staff to continue its negotiations with David Volkert & Associates on a design proposal for a new bridge with continued advice and interface
with the Florida Department of Transportation. `Motion` was duly seconded and `carried` unanimously. !
Item #51 Resolution 88 40 Officially requesting State funding for the construction of a new bridge spanning Clearwater Pass to Sand Key.!
Commissioner Berfield moved to pass and adopt Resolution 88 40 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #52 Bridge Fund Revenue Increases, First Reading Ordinance 4664 88 Amending Section 122.01 of the City Code to Increase the rates in the toll schedule; adopt policy of transferring
the net collections from the Sand Key parking lot from the Parking Fund to the Bridge Fund to whatever extent such transfer does not violate provisions or covenants of the Series 1983
Parking System Revenue Bonds and all additional obligations related thereto. (`FIN`) !
An analysis of the Bridge Revenue Requirement shows an estimated annual revenue stream of $1,568,000 will be necessary over the next seven years to provide for continued operation
and maintenance of the bridge, to provide for all additional repairs and engineering fees which are currently anticipated, and to liquidate all existing debt of the Bridge Fund. The
analysis also indicates that raising the cash toll to 75<pi,23> and the token rate to 25<pi,23>, as proposed in Ordinance 4664 88, should produce total annual revenue of approximately
$1,518,750, assuming a 10% decline in traffic from current levels.!
It is further recommended that the Commission approve the transfer of annual net parking meter collections from the Sand Key parking lot from the Parking Fund to the Bridge Fund,
to whatever extent this transfer does not violate any provision or covenant of the 1983 parking bonds. Based on last year's actual net collections of $76,000, this action, coupled with
the proposed toll increase should generate approximately $1,595,000 per year, $27,000 more than the model anticipates as necessary.!
This proposal anticipates the complete removal of bridge tolls in seven years, or earlier if favorable operating results enable quicker liquidation of the bridge debt. It also anticipates
that some debt may remain
if toll collecitons cease before seven years due to an earlier opening of a state funded new bridge. Any such remaining debt would need to be addressed at that time.!
The proposed revenues will provide a break even after seven years on the cash (budget) basis of accounting. The accrual basis financial statements included in the City's Annual Report
will reflect significant accounting losses as all remaining assets are written off and the existing fund balance is reduced to zero over the next seven years. !
The existing bridge bonds impose certain conditions on the timing and method of accomplishing the legal defeasance of the bonded debt. City staff and the City's financial advisor
are working to resolve these technical issues, and the ultimate defeasance plan will require commission review and approval at a future date. !
If approved, the ordinances adopting the 1988 89 budget will reflect increased user charges and the Sand Key parking lot transfer, in lieu of the road and drainage and special development
fund subsidies for bridge repair and engineering proposed in the preliminary budget.!
Ray Korzenowski, representing the Chamber of Commerce, stated the Chamber fully supports and endorses this proposal and recommended the rate structure be reviewed every one or two
years.!
Commissioner Berfield moved to approve the adoption of a policy of transferring the net collections from the Sand Key parking lot from the Parking Fund to the Bridge Fund to whatever
extent such transfer does not violate provisions or covenants of the Series 1983 Park System Revenue Bonds and all additonal obligations related thereto. `Motion` was duly seconded and
`carried` unanimously.!
The Assistant City Attorney presented Ordinance 4664 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4664 88 on first reading. Motion
was duly seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #53 Contract for Engineering Services necessary to effect further temporary repairs to Clearwater Pass Bridge Kisinger Campo Corp. not to exceed $167,000 (`PW`)
The City is currently embarked on a plan to replace the weakened Clearwater Pass Bridge with a new, fixed span structure that will greatly enhance the transportation link between Clearwater
Beach and Sand Key outer bank.!
The time frame involved in building the new bridge is envisioned to be between five and eight years, depending upon the availability of funds through the Federal State bridge replacement
program. The new bridge has already become a candidate for funds from that source and it now remains to be seen how successfully Clearwater's bridge project can compete with other projects
contending for the funds. !
The bridge monitoring, which has been systematically conducted by Kisinger Campo and Associates, engineers since the original repairs, has clearly indicated that while the original
repairs have been effective and have structurally stabilized those seven pile bents which were involved in the original loss of embedment, scour has continued to the extent that now
six additional bents have lost embedment sufficient to warrant repairs. Since the repairs will be required before the new bridge can be constructed, the City Commission, at its July
21, 1988 meeting, directed staff that arrangements be immediately undertaken, in the interest of public safety, to accomplish the repairs as soon as possible.!
The recommended contract with Kisinger Campo and Associates Corp. for engineering services calls for the completion of all design work for a lump sum price of $65,000 (approx. 8% of
estimated construction costs) and to have plans and specifications ready for bid opening on November 15, 1988.!
The contract also calls for full time resident engineering and inspection for a sum not to exceed $92,000. The construction time is presently estimated at six months. Inspection of
the beams to be used in the repair must be done at the manufacturing site of the vendor chosen by the contractor at a cost not to exceed $10,000. Inspection will include materials testing,
shop coatings, etc.!
The third quarter budget review will include an amendment transferring the required funds from the Bridge Fund to the Capital Improvement program, which will result in a deficit cash
position for the Bridge Fund. This deficit was anticipated in the model used to forecast required annual Bridge Fund revenues. If bridge revenues are not increased to the projected level,
then alternate means of funding this project will need to be identified.!
In response to a question, it was indicated the bridge would need to be closed during the "jacking up" of girders for each bent. This would take about half a day per bent. It was requested
the public be given as much notice as possible regarding these closings.!
Commissioner Regulski moved to award a contract for engineering services to Kisinger Campo and Associates Corp., Engineers, for the design and full time resident engineering and inspection
of repairs to the Clearwater Bridge Pass Bridge, in accordance with the attached agreement and having a total value of not more than $167,000, and authorize a temporary loan from the
Cash Pool to the Bridge Fund as needed to cover this required expenditure and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
Item #54 Library and Parks & Recreation Fees approval of the Option 4 formula for the purpose of computing non resident fees for Parks & Recreation and the Library; adopt Resolution
88 37, increasing current non resident Parks & Recreation card costs and establishing new fee options for non residents to participate in recreation programs or activities; adopt Resolution
88 38, increasing current non resident City Library card costs; Resolution 88 39, increasing current fees for the rental of certain municipal facilities, and establishing fees for the
rental of the Bandshell (`CM`).
The increase in non resident card costs can be obtained under various formula options using the department's operating and maintenance budget. The Option 4 formula contains a capital
recovery component.!
The present non resident card costs for Parks & Recreation and the Library are $35.00 and $25.00 respectively. The proposed non resident card costs under each of the options above
are: Option 1 Parks & Recreation and Library, $40 and $24 respectively; Option 2 $44 and $26; Option 3 $45 and $29; and Option 4 $49 and $31.!
A question was raised regarding one Ordinance saying non resident and another saying non taxpayer. Staff is to investigate.!
Commissioner Regulski moved to pass and adopt Resolution 88 37 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Commissioner Regulski moved to pass and adopt Resolution 88 38 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Commissioner Regulski moved to pass and adopt Resolution 88 39 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #55 Resolution 88 29 renaming that portion of Main Street lying north of 4th Avenue South to Chautauqua Ave. (`PW`) !
The City of Clearwater has two "Main Streets" and one "Main Avenue". Dunedin and Safety Harbor also have "Main Streets".!
In an effort to eliminate duplication within the City of Clearwater, it is requested that the "Main" St. in Chautauqua Subdivision be renamed. The suggested name is Chautauqua Avenue.!
This change will also eliminate possible dispatching errors for Police, Fire, and EMS calls.!
Commissioner Winner moved to pass and adopt Resolution 88 29 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #56 Resolution 88 30 renaming that portion of Main Street (County Road 576) between U.S. 19 and McMullen Booth Road, to Sunset Point Road, subject to similar action by the
Board of County Commissioners of Pinellas County. (`PW`)
The City of Clearwater has two "Main Streets" and one "Main Avenue". Dunedin and Safety Harbor also have "Main Streets". Main Street between U.S 19 and McMullen Booth Road, also known
as S.R. 588, has been dropped from the D.O.T. roadway system and no longer carries the S.R. 588 designation. This portion of Main St. and the Main St. referred to in Resolution 88 29
are both
within Clearwater Zip Code area 34619. by extending the "Sunset Point Road" name eastward to McMullen Booth Road, only "Main Ave." would remain within the City of Clearwater.!
Commissioner Winner moved to pass and adopt Resolution 88 30 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
XI Other Pending Matters None.
CITY ATTORNEY REPORTS
XII Other City Attorney Items
Item #57 Authorization for settlement of $10,000 claim of the Estate of Catherine Kelly.
This claim against the City is for damages for personal injuries occurring to claimant on September 17, 1987, at approximately 10:00 a.m. near the intersection of Mandalay and Rockaway
in Clearwater Beach. At this intersection there is a bus stop near a storm sewer junction box. There was a metal ring sticking up out of the cement forming part of the bus stop. The
presence of the ring had become obscured by the growth of vegetaiton over the concrete slab.!
The claimant stated the metal ring caused her to trip and fall when she got her foot caught in the ring. As a result of the fall, claimant sustained fractures to her left elbow and
right foot.
Medical expenses through March 10, 1988 as received from the claimant's attorney totalled $1,743.37.
Catherine C. Kelly is now deceased as a result of natural causes unrelated to the accident on January 8, 1988. The estate of Catherine C. Kelly was opened on January 20, 1988 and Michael
Fitzgerald was appointed Personal Representative.!
This matter is an outstanding claim with no lawsuit having been filed. The negotiation of this claim to this settlement posture has been achieved by Jim Smith of Gallagher Bassett Insurance.!
The City's settlement review committee has met, reviewed and evaluated this claim on at least two occasions. A tentative settlement has been reached with the claimant's Personal Representative
to settle this claim for $10,000, subject, however, to Commission approval and approval of the Circuit Court of Pinellas County. It is the recommendation of the Settlement Review Committee
this tentative settlement is in the best interests of the City.!
Discussion ensued regarding the metal ring not being part of the bus stop but close to it. !
In response to concerns expressed by the Commission regarding the amount of the settlement, the City Manager and Assistant City Attorney stated that, in trying to calculate these settlements,
they take into account expert witness fees, deposition costs, etc. It was stated the Committee had suggested a larger settlement prior to knowledge of the claimant being deceased.!
Concerns were expressed that by approving this settlement, it would encourage others and make it easier for the next claimant. The Assistant City Attorney stated the contract with Gallagher
and Bassett authorizes them to negotiate settlements to a certain amount and the $10,000 is above that authority.!
Commissioner Nunamaker moved to authorize a settlement offer in this case for $2,500. The motion was duly seconded.!
Concerns were expressed that the City may be taking a chance and opening itself for a larger claim. !
Upon the vote being taken, Commissioners Winner, Nunamaker, Regulski and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion carried`.!
Item #58 Resolutiom 88 41 Supporting Pinellas County's efforts to obtain authority to dredge a navigation channel through Dunedin Pass and authorize the City Attorney to pursue
an appeal of the final order of the Department of Environmental Regulation issued August 12, 1988, denying Pinellas County's application for permit.!
Pinellas County, as lead agency, and the City of Clearwater have been attempting to obtain approval to dredge Dunedin Pass. An August 12, 1988 Order from the Department of Environmental
Regulation denied this permit. The proposed Resolution encourages the County to appeal this
decision to an administrative hearing officer. In response to a question, it was indicated the City will take an active part in the hearing. !
Discussion ensued regarding whether or not Clearwater could file a request for its own hearing. It was suggested the County as lead agency should file the appeal, but that Clearwater
would actively participate.!
Commissioner Regulski moved to pass and adopt Resolution 88 41 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
XIII Verbal Reports None.
XIV Other Commission Action
Commissioner Nunamaker reported he had received a phone call from Shirley Carlson, of the Rainbow of Love Thrift Shop, who is in need of storage space, and requested that anyone who
would be able to help her to call her.!
Commissioner Regulski indicated he had heard that Jazz Holiday will not be asking for the $5,000 which has been included in the budget for them. He requested the City Manager see if
some of those funds could be appropriated for the Rainbow of Love.!
Commissioner Winner questioned whether or not the City of Clearwater could charge interest on the monies to be generated from the insurance claim on Clearwater Pass Bridge if the claim
is deemed valid. It was indicated it has been a year since the claim was filed and no decision has been made. !
In response to a question, the City Manager indicated Lloyds of London, the insurer of the bridge, has requested additional information prior to determining whether or not it is a legitimate
claim.!
Commissioner Winner stated he wished to publicly congratulate and thank Parks and Recreation, in particular Ozell George and Ream Wilson, for accomplishing weekend pick up of beach
street garbage containers without increasing overtime costs.!
Commissioner Berfield requested information regarding the concerns expressed about the criminal activity in northwest Clearwater, addressed under Citizens to be Heard, be provided to
the Commission.
The City Manager indicated this will be coming to the Commission in the future.
XV Adjournment
The meeting adjourned at 10:01 p.m.